[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79556-79557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27267]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0420]


Hours of Service of Drivers: Specialized Carriers & Rigging 
Association (SC&RA) Exemption; FAST Act Extension of Expiration Date

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; extension of exemption.

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SUMMARY: FMCSA announces the extension of the 2015 exemption granted to 
the Specialized Carriers and Rigging Association (SC&RA) for the 
transportation of loads that exceed normal weight and dimensional 
limits. The exemption applies to all oversize-overweight permitted 
loads whose drivers are not required to comply with the 30-minute rest 
break rule. The Agency extends the expiration date to June 17, 2020, in 
response to section 5206(b)(2)(A) of the ``Fixing America's Surface 
Transportation Act'' (FAST Act). That section extends the expiration 
date of hours-of-service (HOS) exemptions in effect on the date of 
enactment of the FAST Act to 5 years

[[Page 79557]]

from the date of issuance of the exemptions. The SC&RA exemption from 
the Agency's 30-minute rest break requirement is limited to drivers of 
specialized loads moving in interstate commerce that exceed normal 
weight and dimension limits--oversize/overweight (OS/OW) loads--and 
require a permit issued by a government authority. The Agency 
previously determined that the drivers of specialized commercial motor 
vehicles (CMV) under this exemption would likely achieve a level of 
safety equivalent to or greater than the level of safety that would be 
obtained in the absence of the exemption.

DATES: This limited exemption is effective from June 18, 2015, through 
June 17, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 614-942-6477. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. FMCSA must publish a notice of each exemption request in 
the Federal Register [49 CFR 381.315(a)].
    Section 5206(b)(2)(A) of the FAST Act requires FMCSA to extend any 
exemption from any provision of the HOS regulations under 49 CFR part 
395 that was in effect on the date of enactment of the Act for a period 
of 5 years from the date the exemption was granted. The exemption may 
be renewed. Because this action merely implements a statutory mandate 
that took effect on the date of enactment of the FAST Act, notice and 
comment are not required.

SC&RA Exemption

    The SC&RA, a trade association, applied for a limited exemption 
from the mandatory rest break requirement of 49 CFR 395.3(a)(3)(ii) on 
behalf of all specialized carriers and drivers responsible for the 
transportation of loads exceeding standard legal weight and dimensional 
limits--oversize/overweight (OS/OW) loads--that require a permit issued 
by a government authority.
    FMCSA reviewed SC&RA's application and the public comments and 
concluded that limiting the exemption to these OS/OW permitted loads 
would promote safety at least as effectively as the 30-minute break. 
Because hours in which an OS/OW load can travel are restricted by 
permit requirements, often those hours are in conflict with the timing 
of the required 30-minute rest break. A Notice of Final Determination 
granting the SC&RA exemption was published on June 18, 2015 [80 FR 
34957].
    The substance of the exemption is not affected by this extension. 
The exemption covers only the 30-minute rest break requirement [49 CFR 
395.3(a)(3)(ii)]. The exemption is restricted to drivers of specialized 
loads moving in interstate commerce that exceed normal weight and 
dimensional limits--OS/OW loads--and require a permit issued by a 
government authority.
    The FMCSA does not believe the safety record of any driver 
operating under this exemption will deteriorate. However, should 
deterioration in safety occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption. The 
FMCSA has the authority to terminate the exemption at any time the 
Agency has the data/information to conclude that safety is being 
compromised.

    Issued on: November 3, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-27267 Filed 11-10-16; 8:45 am]
 BILLING CODE 4910-EX-P